WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 52 Specific purpose access licences

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 52

52 Specific purpose access licences

(1) Applications for specific purpose access licences other than those permitted under the Regulation may not be made in these water sources, except for an unregulated river (subcategory "Aboriginal community development") access licence for the taking of water from B Class flows only in any of the following water sources and management zones:

(a) Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source,

(b) the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source,

(i) Colo River Management Zone,

(ii) Capertee River Management Zone,

(iii) Macdonald River Management Zone,

(iv) Lower South Creek Management Zone,

(v) Upper South Creek Management Zone, and

(vi) Cattai Creek Management Zone, and

(c) the following management zones in the Upper Nepean and Upstream Warragamba Water Source:

(i) Wywandy Management Zone,

(iii) Kowmung River Management Zone, and

(iv) Kedumba River Management Zone.

(2) A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.

(3) An unregulated river (subcategory "Aboriginal community development") access licence must not be granted in the following management zones or water sources if the granting of the licence would cause the total share components of all unregulated river (subcategory "Aboriginal community development") access licences to exceed:

(a) 218 ML/year in the Upper Shoalhaven River Management Zone in the Shoalhaven River Water Source, or

(b) in one of the following management zones in the Hawkesbury and Lower Nepean Rivers Water Source:

(i) 500 ML/year in the Colo River Management Zone,

(ii) 66 ML/year in the Capertee River Management Zone,

(iii) 192 ML/year in the Macdonald River Management Zone,

(iv) 402 ML/year in the Lower South Creek Management Zone,

(v) 48 ML/year in the Upper South Creek Management Zone, and

(vi) 81 ML/year in the Cattai Creek Management Zone, and

(c) in one of the following management zones in the Upper Nepean and Upstream Warragamba Water Source:

(i) 40 ML/year in the Wywandy Management Zone,

(iii) 40 ML/year in the Jenolan River Management Zone,

(iv) 40 ML/year in the Kowmung River Management Zone, and

(v) 40 ML/year in the Kedumba River Management Zone.

Note : An unregulated river (subcategory "Aboriginal community development") access licence is a specific purpose access licence and as such can only be the subject of limited trade that is consistent with the purpose for which the licence was granted. Aboriginal communities, enterprises and individuals are encouraged to seek financial assistance from funding bodies to purchase other categories of access licence if they require fully tradable licences.

(4) An unregulated river (subcategory "Aboriginal cultural") access licence must not be granted in these water sources unless the share component of the proposed access licence is less than or equal to 10 ML/year. This subclause does not apply to the following management zones in the Upper Nepean and Upstream Warragamba Water Source:

(a) Wywandy Management Zone,

(b) Dharabuladh Management Zone,

(c) Jenolan River Management Zone,

(d) Kowmung River Management Zone, and

(e) Kedumba River Management Zone.

(5) An unregulated river (subcategory "Aboriginal cultural") access licence must not be granted in the following management zones in the Upper Nepean and Upstream Warragamba Water Source if the granting of the licence would cause the total share components of all unregulated river (subcategory "Aboriginal cultural") access licences, to exceed:

(a) 40 ML/year in the Wywandy Management Zone,

(b) 40 ML/year in the Dharabuladh Management Zone,

(c) 40 ML/year in the Jenolan River Management Zone,

(d) 40 ML/year in the Kowmung River Management Zone, and

(e) 40 ML/year in the Kedumba River Management Zone.

(6) An unregulated river (subcategory "Aboriginal cultural") access licence should not be granted under subclause (5), unless the Minister has sought the advice of the Wiradjuri native title claimants (where applicable) and the Gundungarra Tribal Council Aboriginal Corporation (or Gundungarra descendents).

(7) An access licence of the subcategory "Aboriginal cultural" may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.

Note :

1 The Regulation will provide for the creation of new access licences that authorise the taking of tidal pool water from the Shoalhaven River Water Source, the Illawarra Rivers Water Source, the Hawkesbury and Lower Nepean Rivers Water Source, the Southern Sydney Rivers Water Source and the Northern Sydney Rivers Water Source for which no entitlement has previously been required under the Water Act 1912 .

2 Part 13 allows for amendments to be made to this clause.

3
"Aboriginal person" is defined in the Dictionary.